Ward v. State

I would reverse this conviction for two reasons. The issue of appellant’s intoxication was closely contested. Four substantial business men who were with appellant until immediately before the accident testified that appellant was not intoxicated. Appellant testified that the taxicab with which he collided passed him on his right, cut in front of him, and then appied the brakes so quickly that he was unable to avoid colliding with the cab. The state, in order to show that appellant was intoxicated, relied upon the testimony of the cab driver that he was stopped at a red light when appellant…